1.1.................... moves to amend H. F. No. 305, the second engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 144.412, is amended to read:
1.4144.412 PUBLIC POLICY.
1.5    The purpose of sections 144.411 to 144.417 is to protect the public health, comfort
1.6and environment by prohibiting smoking in areas where children or ill or injured persons
1.7are present, and employees and the general public from the known hazards of smoke
1.8by limiting eliminating smoking in public places and at public meetings to designated
1.9smoking areas the state of Minnesota.

1.10    Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
1.11to read:
1.12    Subd. 1b. Place of employment. "Place of employment" means any area at which
1.13individuals perform any type of a service for consideration of payment under any type of
1.14contractual relationship, including, but not limited to, an employment relationship with
1.15or for a private corporation, partnership, individual, or government agency. Place of
1.16employment includes any area where individuals gratuitously perform services for which
1.17individuals are ordinarily paid. A place of employment includes, but is not limited to,
1.18public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet
1.19facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges,
1.20auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling
1.21establishments, employee medical facilities, and rooms or areas containing photocopying
1.22equipment or other office equipment used in common. Vehicles used in whole or in part
1.23for work purposes are places of employment during hours of operation if more than one
1.24person is present. An area in which work is performed in a private residence is a place of
1.25employment during hours of operation if:
2.1    (1) the homeowner uses the area exclusively and regularly as a principal place of
2.2business and has one or more on-site employees; or
2.3    (2) the homeowner uses the area exclusively and regularly as a place to meet or deal
2.4with patients, clients, or customers in the normal course of the homeowner's trade or

2.6    Sec. 3. Minnesota Statutes 2006, section 144.413, subdivision 2, is amended to read:
2.7    Subd. 2. Public place. "Public place" means any enclosed, indoor area used by the
2.8general public or serving as a place of work, including, but not limited to, restaurants,;
2.9bars; any other food or liquor establishment; retail stores, offices and other commercial
2.10establishments, public conveyances,; educational facilities other than public schools,
2.11as defined in section 120A.05, subdivisions 9, 11, and 13,; hospitals,; nursing homes,;
2.12auditoriums,; arenas,; meeting rooms,; and common areas of rental apartment buildings,
2.13but excluding private, enclosed offices occupied exclusively by smokers even though
2.14such offices may be visited by nonsmokers.

2.15    Sec. 4. Minnesota Statutes 2006, section 144.413, subdivision 4, is amended to read:
2.16    Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke from any lighted
2.17cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes
2.18carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment tobacco
2.19or plant product intended for inhalation.

2.20    Sec. 5. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
2.21to read:
2.22    Subd. 5. Public transportation. "Public transportation" means public means of
2.23transportation, including light and commuter rail transit; buses; enclosed bus and transit
2.24stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated
2.25by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals.

2.26    Sec. 6. Minnesota Statutes 2006, section 144.414, subdivision 1, is amended to read:
2.27    Subdivision 1. Public places Prohibition on smoking. Smoking shall not be
2.28permitted in and no person shall smoke in a public place or at a public meeting except
2.29in designated smoking areas the state of Minnesota. This prohibition does not apply in
2.30cases in which an entire room or hall is used for a private social function and seating
2.31arrangements are under the control of the sponsor of the function and not of the proprietor
2.32or person in charge of the place. Furthermore, this prohibition shall not apply to places of
2.33work not usually frequented by the general public, except that the state commissioner of
2.34health shall establish rules to restrict or prohibit smoking in factories, warehouses, and
3.1those places of work where the close proximity of workers or the inadequacy of ventilation
3.2causes smoke pollution detrimental to the health and comfort of nonsmoking employees.

3.3    Sec. 7. Minnesota Statutes 2006, section 144.416, is amended to read:
3.5    (a) The proprietor or other person in charge, firm, limited liability company,
3.6corporation, or other entity that owns, leases, manages, operates, or otherwise controls the
3.7use of a public place, public transportation, place of employment, or public meeting shall
3.8make reasonable efforts to prevent smoking in the public place by:
3.9    (a) (1) posting appropriate signs;
3.10    (b) arranging seating to provide a smoke-free area;
3.11    (c) asking smokers to refrain from smoking upon request of a client or employee
3.12suffering discomfort from the smoke; or
3.13    (d) or by any other means which may be appropriate; and
3.14     (2) asking any person who smokes to refrain from smoking and, if the person does
3.15not refrain from smoking after being asked to do so, asking the person to leave. If the
3.16person refuses to leave, the proprietor, person, or entity in charge shall handle the situation
3.17consistent with lawful methods for handling other persons acting in a disorderly manner
3.18or as a trespasser.
3.19    (b) The proprietor or other person or entity in charge of a public place, public
3.20meeting, public transportation, or place of employment must not provide smoking
3.21equipment, including ashtrays or matches. Nothing in this section prohibits the proprietor
3.22or other person or entity in charge from taking more stringent measures than those under
3.23sections 144.414 to 144.417 to protect individuals from secondhand smoke. The proprietor
3.24or other person or entity in charge of a restaurant or bar may not serve an individual who
3.25is in violation of sections 144.411 to 144.417.

3.26    Sec. 8. Minnesota Statutes 2006, section 144.417, is amended to read:
3.28    Subdivision 1. Rules. (a) The state commissioner of health shall adopt rules
3.29necessary and reasonable to implement the provisions of sections 144.411 to 144.417,
3.30except as provided for in section 144.414.
3.31    (b) Rules implementing sections 144.411 to 144.417 adopted after January 1, 2002,
3.32may not take effect until approved by a law enacted after January 1, 2002. This paragraph
3.33does not apply to a rule or severable portion of a rule governing smoking in office
3.34buildings, factories, warehouses, or similar places of work, or in health care facilities. This
3.35paragraph does not apply to a rule changing the definition of "restaurant" to make it the
3.36same as the definition in section 157.15, subdivision 12.
4.1    Subd. 2. Penalties Violations. Any person who violates section 144.414 or
4.2144.4165 is guilty of a petty misdemeanor. (a) Any proprietor, person, or entity that
4.3owns, leases, manages, operates, or otherwise controls the use of an area under sections
4.4144.414 to 144.417, and that knowingly fails to comply with sections 144.414 to 144.417,
4.5is guilty of a misdemeanor.
4.6    (b) Any person who smokes is guilty of a petty misdemeanor.
4.7    (c) A proprietor, person, or entity in charge of a public place, public meeting, place
4.8of employment, or public transportation must not retaliate or take adverse action against
4.9an employee or anyone else who, in good faith, reports a violation of sections 144.414 to
4.10144.417 to the proprietor or person in charge of the public place, public meeting, place of
4.11employment, or public transportation, or to the commissioner of health or other designee
4.12responsible for enforcing sections 144.414 to 144.417.
4.13    (d) No person or employer shall discharge, refuse to hire, penalize, discriminate
4.14against, or in any manner retaliate against any employee, applicant for employment, or
4.15customer because the employee, applicant, or customer exercises any right to a smoke-free
4.16environment provided by sections 144.414 to 144.417 or other law.
4.17    Subd. 3. Injunction. The state commissioner of health, a board of health as defined
4.18in section 145A.02, subdivision 2, or any affected party may institute an action in any
4.19court with jurisdiction to enjoin repeated violations of section 144.416 or 144.4165
4.20sections 144.414 to 144.417.

4.22    This act shall be referred to as the "Freedom to Breathe Act of 2007."

4.23    Sec. 10. REPEALER.
4.24Minnesota Statutes 2006, sections 144.413, subdivision 3; 144.414, subdivisions 2
4.25and 3; and 144.415, are repealed.

4.26    Sec. 11. EFFECTIVE DATE.
4.27    Sections 1 to 10 are effective August 1, 2007."
4.28Amend the title accordingly